Sodomy II: Najib and Rosmah to use all their power to resist taking the stand

PKR leaders have warned the authorities not to try and frustrate Opposition Leader Anwar Ibrahim's attempts to call to the stand Prime Minister Najib Razak and wife Rosmah Mansor for their role in the sodomy case against him.

Fuming at what they perceive to be "unprofessional" delay by the police in confirming the witnesses' list, they said any such move was tantamout to obstructing justice and grossly unfair to Anwar.

"I believe all the resources of the system and the power of the authorities will be used by Najib to avoid coming to court," PKR vice president N Surendran told Malaysia Chronicle.

"In the past, attempts to get Mahathir to testify were also similarly frustrated. We do not have a fair and impartial system. The powerful are above the law."

Lame excuses

Anwar's trial is due to begin on June 6 and the court is scheduled to hear his case until June 30. He has accused Najib and Rosmah of hatching the plot to smear him and derail his political rise.

The Opposition Leader is being charged for sodomising his former staff, Saiful Bukhari Azlan, on June 26, 2008 just weeks after he announced his intention to contest the Permatang Pauh parliamentary seat. The by-election paved the way for his comeback to Parliament and active politics.

He has pleaded not guilty and has successfuly cast doubt on the government's case, which has been lambasted around the globe by political and business leaders.

But Najib's BN government appears intent on 'nailing' him even though the case has dealt a deep and long-lasting blow to Malaysia's integrity and reputation for rule of law.

Meanwhile, Anwar's lawyers have shortlisted 25 out of 71 witnesses avaliable to be called. But with just 4 days to go before the hearing begins, the police have only been able to trace and confirm 5 witnesses.

"This is pretty lame given that the trial is on the verge of starting," PKR director of legal affairs Latheefa Koya toldMalaysia Chronicle.

Najib and Rosmah may abuse their power

Nonetheless, most Malaysians appear to agree with the views expressed by Surendran. There is widespread expectation that the government, through the prosecutors and even the police, will find ways to block Anwar's team from accessing Najib and Rosmah.

Najib had initially denied ever meeting sodomy complainant Saiful Bukhari Azlan, but when photos appeared of Saiful posing with his own personal aide, the PM U-turned and admitted.

Najib said he met and spoke to Saiful about the purported sodomy just two days before Saiful lodged the police complaint that led to the current charges.

Anwar will also be applying for trial judge Mohd Zabidin Mohd Diah to recuse himself for “prejudging” the case.

The Attorney-General's chambers as well as the judge are perceived to favour the BN government, which has ruled the country and its institutions since 1957, when Malaysia became independent from colonial rule.

"We gave the list to the prosecution on May 16. However, in the last three weeks, they only managed to find five witnesses for us. They still cannot confirm when they can bring the prime minister and his wife," Malaysiakinireported lead counsel Sankara Nair as saying.

So far, Anwar's lawyers have interviewed former athlete Mumtaz Jaafar, in whom Saiful had confided the alleged sodomy, Khairil Annas Jusoh, the special officer to Najib, Dr Mohd Osman Abdul Hamid, the first doctor who examined Saiful at the Hospital Pusrawi, Dr Daniel, a medical officer at Hospital Kuala Lumpur, and Saiful's sister Saidati.

Former Inspector-General of Police Musa Hassan and former Malacca police chief Rodwan Mohd Yusof are also among the witnesses on Anwar's list.

It began with Mahathir

This is the second sodomy trial involving Anwar, who is the de-facto head of PKR and Pakatan Rakyat. Pakatan is Malaysia's first significant opposition alliance and in 2008 had wrested five of the country's 13 states from BN rule. It is expected to do well in the coming 13th general elections.

In 1998, the then prime minister Mahathir Mohamad had sacked and jailed Anwar for sodomy and graft. In 2004, months after Mahathir retired, the Federal Court overthrew the sodomy charges and discharged Anwar.

The 1998 case is considered as the tipping point for the Malaysian judicial system. Despite international focus, Mahathir rammed through manifestly fabricated evidence, ignoring even the retractions made by the purported victim, Azizan Abu Bakar.

Azizan, a former driver for Anwar's wife, was a witness in the first sodomy trial. Like Saiful, he claimed he was sodomized several times by Anwar. But under cross-examination, Azizan had admitted thrice under oath that he had not been sodomized at all.

Yet the judge at that time, the late Augustine Paul, refused to acknowledge his retraction and bulldozed through the sentence.

- Malaysia Chronicle